RFQ 19PK4024Q5027 PR12442349 - KHI-FAC Compound Boundary Wall Paint Project.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19PK4024Q5027

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[x] NEGOTIATED (RFP)

3. DATE

ISSUED

May 20, 2024

PAGE OF

PAGES

1/49

IMPORTANT -

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST

NO. PR12442349

6. PROJECT NO. Paint services for Compound Boundary, T-Wall, and Anti vision metal plate at U.S. Consulate, Karachi

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Contracting Officer, GSO-Procurement & Contracting Office American Embassy, Karachi Plot 3-5, New TPX Area. MT Khan Road.

Mai Kolachi, Karachi, Pakistan.

19PK4024Q5027

Contracting Officer, GSO-Procurement & Contracting Office Plot 3-5, New TPX Area. MT Khan Road.

Mai Kolachi, Karachi, Pakistan

9. FOR INFORMATION

CALL:

A. NAME

Juan G. Ortiz

B. TELEPHONE NO. (Include area code) (NO COLLECT

CALLS)

+92-213-5275000

SOLICITATION

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

TABLE OF CONTENTS

A. Price B. Scope of Work C. Packaging and Marking D. Inspection and Acceptance E. Deliveries/Performance F. Administrative Data G. Special Requirements H. Clauses

I. List of Attachments J. Quotation Information K. Evaluation Criteria L. Representations, Certifications, and other Statements of Offerors or Quoters

11. The Contractor shall begin performance within _10_ calendar days and complete it within 30 Working Days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT

BONDS?

many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

10 Days After award

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 02 copies to perform the work required are due at the place specified in Item 8 by 1500 (hour) local time on June 03, 2024. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item

14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within _____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS

SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE GSO 27. PAYMENT WILL BE MADE BY

Contracting Officer, Plot 3-5, New TPX Area. MT Khan Road. Mai Kolachi, PakistanKarachi

Financial Management Officer (FMO) Plot 3-5, New TPX Area. MT Khan Road.

Mai Kolachi, Karachi, Pakistan.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses,

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

31C. AWARD

DATE

TABLE OF CONTENTS

SF-18 OR SF-1442 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

Attachment 1: Sample Letter of Bank Guaranty Attachment 2: Breakdown of Price by Divisions of Specifications

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

SECTION A - PRICING

A.1 CONTRACT PRICE

U.S. Consul General Karachi requires local contractor to provide all materials, specialized labor, levelling chemicals and tool for the Provision of Paint services for Compound Boundary, T-Wall, and Anti vision metal plate Wall Paint. This price shall include all labor, materials, all insurances, overhead and profit required under this purchase order for the following firm fixed price and within the time specified.

Total Price (including all labor, materials, overhead and profit) PKR

A.2 VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on invoices as the U.S. Mission will obtain tax exemption certificate from the host government.

A.2 TYPE OF CONTRACT

This is a firm, fixed- price contract payable entirely in the currency indicated in the SF-1442. No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

The Government will make payments based on quantities and unit prices only to the extent specifically provided in the contract.

SECTION B - STATEMENT OF WORK

U.S CONSULATE KARACHI, PAKISTAN

STATEMENT OF WORK

For

Provision of Paint services for Compound Boundary, T- Wall, and Anti vision metal plate Wall Paint contractor abilities to provide material and services to paint;

1. The U.S. Consulate Compound exterior boundary wall (both sides)

2. Anti vision plate (Both Sides) and

3. T-Wall (both sides).

The Contractor selected by the U.S. mission will be required to follow the policies as specified general terms and conditions of the contract.

BACKGROUND

U.S. Consul General Karachi requires to mitigate the boundary wall, Anti vision metal plate and T- wall stains, damaged spots, rusts, and peeling paint issues that affects badly the Facility Maintenance Program.

PURPOSE

Obtain one-time Firm Fixed price contract for the Provision of Paint services for Compound Boundary, T- Wall, and Anti vision metal plate Wall Paint. All under one roof Services (Material, Manpower, Equipment, Expertise & After Services support) of contractor will be required.

The one-time contract-based services required to assess, plan, and execute the compound exterior boundary wall with anti-vision plate and T-Wall paint repair and refinish work.

Contractor should provide expert services for the below mentioned services.

Contract Line Item Number

Description of Service Unit Estimated Quantity (A)

Estimated Total2

(B)

Price per Sqft (C)

Total Price (B x C)

OFFICE

BUILDINGS

EXTERIOR

001 Clean old paint, repair plaster, prime and smooth surface for exterior boundary wall both sides

*Cleaning: Dry washing with electrical Air Compressor and wall Scrub Brush

*Filling material: (Rescheme crack Heal 920) OR equivalent

* Priming: not required

Warranty Terms: 1 Year after application covering overall Surface cracks, peeling, finishing.

Sqm 4350 Sqm (1450 x 3) sqm [8700 sqm both sides Less 1680 sqm (560 x 3) Not required Area]

002. Clean old paint, repair plaster, prime and smooth surface for T-wall both sides(including Planters)

*Cleaning: Dry washing with electrical Air Compressor and wall Scrub Brush

Sqm 3650 Sqm (730 x 5) sqm both sides (3650 x 2)

*Filling material: (Rescheme crack Heal 920) OR equivalent

* Priming: not required

Warranty Terms: 1 Year after application covering overall Surface cracks, peeling, finishing.

003. Clean old paint, repair plaster, prime and smooth surface for Anti vision Metal plate both sides

*Cleaning: Sanding with Battery powered/Cordless Sanders, Abrasive steel brush and Sanding Paper

*Filling material: RUST-OLEUM (Crack and patch repair) OR equivalent, to patch the corrosive/rusted holes and spots to prepare surface smooth and clean.

*Priming material: Marine grade primer (DURALUX White M720) OR equivalent quality

Warranty Terms: 1 Year after application covering overall Surface cracks, peeling, finishing.

Sqm 2175 Sqm (1450 x 1.5) sqm [4350 Sqm Both sides Less 840 sqm (560 x 1.5) Not

004. Painting walls, for exterior boundary wall both sides

*Coating: (02) Two coats

*Paint Material:

Marine grade paint: (Exterior weather shield ICI/Jotun for concrete surface or equivalent.

Thickness: upto 2mm Finish: Matt Finish with

Color shade exactly as per existing

Warranty Terms: 1 Year after coat covering overall Surface cracks, peeling, finishing & Color fading.

Sqm 4350 Sqm (1450 x 3) sqm [8700 sqm both sides Less 1680 sqm (560 x 3) Not

005. Painting walls, for T-wall both sides (including Planters)

*Coating: (02) Two coats

Sqm 3650 Sqm (730 x 5) sqm both sides

*Paint Material:

Marine grade paint: (Exterior weather shield ICI/Jotun for concrete surface

Thickness: upto 2mm Finish: Matt Finish with

Color shade exactly as per existing cracks, peeling, finishing & Color fading.

(3650 x 2)

006. Painting Anti vision Metal plate exterior side both sides

*Coating: (02) Two coats

*Paint Material:

Marine grade paint:

ICI/Jotun for Metal Surface

Thickness: upto 2mm Finish: White Matt finish with Color shade exactly as per existing cracks, peeling, finishing & Color fading.

Sqm 2175 Sqm (1450 x 1.5) sqm [4350 Sqm Both sides Less 840 sqm (560 x 1.5) Not

007 Sanding for Rusted surface and Black Oil Paint application on T-wall Metal Spikes and Re-bars

*Coat: (01) One Coat

*Paint material: Standard Black Oil Paint for metal surface

Sqm 3650 Sqm (730 x 5) sqm

NOTE:

Above Services must be performed in accordance with Statement Of Work) and inclusive of all deliverables including but not limited to Pre-existing Surface Treatment (Material Peel off, Surace leveling, Rust, plate corrosion, Stains e.t.c) along with maintaining SITE safety, security and housekeeping as stated in SOW thru Para (3) of the statement of work

Abbreviations

CO: Contracting Officer

FM: Facility Manager RSO: Regional Security Officer POSHO: Post Occupational Safety and Health Officer APOSHO: Assistant Post Occupational Safety and Health Officer

1. COR:

2. Price Proposal:

The Contractor shall provide one fixed-priced Proposal for the complete Project that includes every aspect of the Work. Contractor will measure and verify quantities needed to complete this project prior to bid submission.

3. Services and Deliverables

The work shall be executed in a professional manner, according to the industry standards and best practices, and must comply with the local regulations for this type of work, as well as in accordance with the negotiated fixed price, this Scope of Work, and the Project Schedule.

Prework Assessment:

Take actual measurement of surface Treatment and Paint areas below.

1. The U.S. Consulate Compound exterior boundary wall (both sides)

2. Anti vision plate (both sides) and

3. T-Wall (both sides) Including attached Planters, Metal Spikes and Rebar

Note:

*Exterior side boundary wall + Anti-vision metal plate (From RCAG to SCAG) measuring 2240 Running Sqm (1837ft x 13ft) services is not required

The contractor must measure and observe the complete Project scope and submit an updated Scope of Work, Bill of Quantities along with technical literature/Specifications of all offered products during bid submission.

Identify any potential requirements/Facilitation to be ensured from COR prior to commencement of services.

Provide a Project schedule in co-ordination with the FAC COR prior to execution of services for in-house Facility manager monitoring and arrangements purposes.

Contractor may propose the best exterior paint product (Marine Grade exterior paint coating) for concrete surfaces and Anti vision metal plate (Marine grade primer and exterior paint coatings).

Provide all required material samples to COR for approval prior to commencement of services. (Including and compatibility compliance)

Classification of Services:

Contractor shall provide SDS, application method and physical sample of the below proposed exterior paint, coating, and primer products for post approvals.

Filling material and application for repairing the concrete boundary wall and T-wall cracks/ joints must meet or exceed the specs of Rescheme crack Heal 920

Filling material and application for repairing the Anti-vision Metal Plate must meet or exceed the specs of RUST-OLEUM (Crack and patch repair)

Primer material and application for the Anti-vision Metal Plate must meet or exceed the specs of Marine grade primer (DURALUX White M720)

Paint Coat material and application for the concrete boundary wall, T-wall must meet or exceed the specs of Marine grade paint: (Exterior weather shield ICI/Jotun for concrete surface JOTUN JOTASHIELD Thickness: upto 2mm & Finish: Matt Finish with Color shade exactly as per existing

Paint Coat material and application for the Anti-vision Metal Plate must meet or exceed the specs of Marine grade paint: ICI/Jotun for Metal Surface Thickness: upto 2mm & Finish: White Matt finish with Color shade exactly as per existing.

Warranty Terms: All Product & services shall entail 1 year warranty terms after application covering overall Surface cracks, peeling, finishing & Color fading.

Clean/Scrape old paint, repair plaster, prime and surface treatment and exterior paint coat for exterior boundary wall (7020 sqm) & Concrete T-Walls (7300 sqm) both sides Total Estimated Area 14320 sqm

Existing Surface Treatment: Cleaning of Concrete walls through dry washing with electrical Air Compressor and wall Scrub Brush. The Contractor should prepare the surface by removing the stains, /repair or clean damaged spots from exterior boundary wall and T-wall

Crack and patch repair: Apply the filling material (Rescheme crack Heal 920) OR equivalent to repair the concrete boundary wall and T-wall cracks/ joints.

Primer Application: Not required for boundary wall and T-wall

Exterior Paint Coat: Contractor should apply at least (02) two coats on exterior paint (marine grade paint) - Exterior weather shield ICI/Jotun for concrete surface

Thickness: upto 2mm & Finish: Matt Finish with Color shade exactly as per existing over the concrete wall of both compound boundary and T-Wall.

*Inspection and approval required from COR after completion of each of above stage prior to proceeding on to next task stage.

Clean/Scrape old paint, repair plaster, prime and surface treatment and exterior paint coat for Anti- Vision Metal Plate (Both sides) Total Estimated Area 3510 sqm

Existing Surface Treatment: Cleaning of Anti-vision Metal Plate through Sanding with Battery powered/Cordless Sanders, Abrasive steel brush and Sanding Paper. The Contractor should prepare the surface by removing the corrosion and do properly sanding the Anti-vision plate to clean surface from rust, corrosion, and stains.

Crack and patch repair: Requires patching the corrosive/rusted holes and spots to prepare surface smooth and clean. (RUST-OLEUM or equivalent)

Primer Application: Apply the marine grade primer coating (DURALUX White M720) OR equivalent quality product to the anti-vision metal plate (exterior side only) for protection from environmental conditions and rust.

Exterior Paint Coat: Contractor should apply at least (02) two coats on exterior paint (marine grade paint) - ICI/Jotun for Metal Surface Thickness: upto 2mm & Finish: White Matt finish with Color shade exactly as per existing over the anti-vision metal plate.

*Inspection and approval required from COR after completion of each of above stage prior to proceeding on to next task stage.

Sanding for Rusted surface and Black Oil Paint application on T-wall Metal Spikes and Re-bars - Total Estimated Area 3650 sqm

Contractor will arrange for sanding of rusted surface followed by application of (01) one coat of standard black color oil paint on the metal surface.

Other Considerations

Contractor should have professional expertise to provide services with best paint product to resolve the concrete wall paint, anti-vision plate corrosion and Paint peeling off and stains issues.

All staff / labor should be proper trained and skilled full to perform all job task professionally.

(any damage to the USG property caused because of

Contractor should arrange safe ladders, safe scaffolding / plate form as per safety procedure to work at height (4 feet from ground). Step rolling commercial safety ladders to be arranged by the contractor.

At a minimum PPE shall consist of fall/ trip hazards protection and chemical protection (safety goggles, chemical gloves, safety harness,) with hard hats, and safety shoes at job site. Sandals or athletic shoes/ flip flops are not acceptable.

All tools (grinder, sander, spray paint and compressor) should have properly grounded wire and extension wire should be made by good company. (worn off tools/Power cord with tape joints will be rejected permit to operate).

Contractor should provide and accommodate a manual hand trolly about 5 x 2.5 ft for dragging paint/tools materials during execution of work. All materials should be covered at all times to be protected from dust, spillage and other damages in event of which contractor shall be responsible to bear the loss.

Storage of Contractor Paint and tools: Provision of Shaded storage area will be provided by inventory check and balance responsibility will be for contractor to ensure Opening & Closing inventory check bef Consulate will not be responsible for any loss due to mismanaged inventory check and lack of safety measures during storage of inventory.

Pre-existing Site arrangements:

a. Floor/Ground surface: Floor area should be covered with plastic/Tarpaulin for preventing paint spillage on floor/ground during work execution.

b. Streetlamps, Electrical conduits & other Facility installations: The contractor should protect the current facility wall side installations like street lamp post, electrical masking tapes to prevent accidental paint coat during work execution. Be advised All installations should remain at place and not be removed and tempered with

c. Exterior/Roadside Work area: During work on exterior side/Roadside safety for incoming traffic to be fully ensured by the contractor by providing additional person to assist the incoming traffic flow while safety cones/Safety signages will be required to be placed on roadside as precautionary measure for incoming traffic

d. Disposal Of Debris: To be followed as per Para 14

Timeline for completion Desired Completion timeline is 1 month (30 working days). In case for any work delay contractor should provide COR a Notice of Delay 1 week prior. However, the ultimate completion timeframe should not however exceed beyond 2 months (60 working days)

SITE VISIT: Schedule for April 2024 11:00hrs. at [U.S Consulate General Karachi, Plot 3,4,5 New

TPX Area, Mai Kolachi, Karachi, Pakistan. Prospective offerors/quoters should contact Syed Abdus

Samad, Ph: +92-21-3527-5211, Samadsa@state.gov for additional information or to arrange entry to the building.

General:

1. All work is to comply with the US building regulations.

damages on completion of the works.

3. The contractor shall supply all materials and labor to complete the works. The transportation or carriage charges must be borne by the contractor.

4. Topcoat color scheme will be the same as existing installed. Selection of the color scheme will be proposed in the solicitation package.

5. Site is always to remain tidy and cleaned up on completion of works.

6. Work to be carried out in a workmanship like manner.

7. Documentation regarding warranties, guarantees and instructional literature are to be handed over to GSO/FAC representative.

8. Protect the furnishing within the property and drop sheets to be used when necessary.

9. Measurements, quantities are to be confirmed by the contractor prior to submission of solicitation.

NOTE: Any damage caused by the contractor, or his contractors is to be made good at the

4. Business Hours:

The services shall be provided 5 days a week between the hours of 8:00 AM - 4:30 PM which can be extended Maximum up to 6:00 PM. Designated staff/service providers must be at US Consulate compound at 0800hrs.

a. Must carry original NICs

b. Contractors to check-in for clearance at US Consulate Karachi at 0800hrs (8am) and then commence work each day until the project reaches final completion.

c. Break Hour for Friday 12:45-14:00hrs

d. Break Hour for Monday to Thursday 13:00-13:30hrs

e. Upon Special request Prior to at least 48 hours allowed for working days (If deemed necessary by the COR)

If any aspect of this work is deemed by the COR, the FM, the RSO or the POSHO/APOSHO to be interruptive of normal US Consulate operations, the Consulate security or safety, the contractor shall be required to perform that portion (remaining work hours) of the work on next day.

5. Safety:

The Contractor shall be responsible for conducting the work in a manner that ensures the safety of or exceed current EM 385 US Corps of Engineers Safety and Health Requirements Manual requirements available online.

The Contractor shall be solely responsible for risk assessments, managing health, and safety issues associated with this project. Based on hazard assessments, Contractors shall provide or afford each affected employee personal protective equipment (PPE) that will protect the employee from hazards. At a minimum PPE shall consist of eye protection, hard hats, and closed steel toe boots. Sandals or athletic shoes are not acceptable. PPE such as gloves, dust masks, are recommended. These items must be provided

Workers may use discretion if they feel unsafe in using the equipment in a hostile environment.

The contractor must document in the bid for work how the hazard controls will be implemented and maintained during the project.

The Contactor must have a competent person able to converse in English on-site for inspection of equipment, training workers in the safe use of equipment and the recognition of hazards related to their use, supervision, and identifying and correcting unsafe work practices for high hazard work.

All contractor personnel shall wear hard hats, safety glasses, dust mask, gloves, close- steel toes boot while any other Personal Protection Equipment deemed necessary by the Facility Manager will be specified separately as and when needed as additional requirement.

Any worker at an elevated location above 4 ft, except for a portable ladder, contractor will provide a safety harness for their use.

Staff experiencing symptoms of COVID/Pandemic/Infectious disease shall be subjected to prohibition from accessing the compound.

6. Workforce:

The contractor shall provide all supervision on staff/personnel needed to perform the work.

The supervisor shall be always on the jobsite. (competent person able to converse in English on-site for inspection)

Contractor employees shall have access to the equipment and equipment areas (Para 8) and will be escorted by US Consulate personnel.

Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.

7. Accommodations:

Government Finished Property:

1. Toilets: The contractor shall utilize toilets on the NCC Compound

2. Temporary Shaded material storage area

3. Waste/debris Disposal Bins

Contractor Property:

1. PPE: hard hats, safety glasses, dust mask, gloves, close- steel toes boot

2. Uniforms

3. Drinking water Containers: The contractor shall also provide an adequate number of drinking water dispensers, distributed for convenience and efficiency-of-use around the construction areas.

4. Commercial safety step ladder, goods movement trollies, material and tools, safety cones/ signages, plastic sheets/tarpaulins,

8. Subcontractors:

Contractor shall be responsible for the conduct and workmanship of subcontractors engaged in the Project, and for Subcontractors compliance with the terms of this Statement of Work. The Contractor is responsible for the behavior and workmanship of Subcontractors while on US Government property.

EXPRESS NDAA-889 CERTIFICATION

Public Law 115-232, also known as the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019, requires representations regarding Covered Telecommunications Equipment and Services. U.S. Government Procurement and Contracting staff shall use this representation with merchants / vendors to determine compliance with NDAA requirements. To comply with this Public Law the Federal Acquisition Regulation (FAR) in FAR 4.2105 requires two provisions 52.204-24 and 52.204-26 and contract clause 52.204-25 in all procurement actions.

DIRECTIONS FOR THE MERCHANT

1. Read the entire provisions and clause in the FAR at Acquistion.gov or click on the links above.

2. After you have read the provisions, please answer the questions below.

3. Upon completion of Step 2, fill out the representation below. NOTE: This representation is made by a person with the authority to bind the merchant.

4. Return completed form to the U.S. Government Procurement Agent or Contract Specialist.

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

(a)

-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(d) Representation. The Offeror represents that

(1) It [ ] will , [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds

Merchant Name and Official Stamp________________________________________________

(Typed Name)

Authorized Representative Signature ______________________________Date ____________

10. Modification to Contract:

The Contractor shall not incur any costs beyond those described in this SOW and task orders unless directed otherwise in writing by the Contracting Officer.

Any work performed by the Contractor beyond the SOW without written direction from the Contracting

11. General Submittals:

The contractor shall provide the detailed relevant qualification, professional background, and experience, CNICs for security access.

12. Stop Work:

At any time during the Project, the Contracting Officer (CO) reserves the right to Stop Work for protection of employees or visitors, security, or any other reason at his/her discretion.

13. Close-out:

Prior to final acceptance, the COR will conduct a QA/QC inspection to check compliance with the SOW.

14. Housekeeping:

The contractor is responsible to clean up daily. The contractor is responsible to dispose of all dirt, and soil as per consulate representative instruction before the close of business each day. Any dirt, concrete, wooden debris, and other construction debris may not be piled on the ground. Immediately upon removal, it must be disposed off in a manner as directed by the site supervisor.

After close of work dust/trash/Debris on-floor as a result of execution of work is to be collected and disposed off in provided/designated trash bins nearby allocated work area will be ensured by the contractor

15. Notification to proceed:

The contractor shall start the work within 05 days of Notice to Proceed. The contractor shall start the work within 05 business days of issuance of NTP

However, prior to the commencement of any excavation, the contractor and the COR shall locate and mark any underground water or electric utilities or other lines which may be present.

16. Point of Contact:

The COR shall be the main point of contact for this contract. The Contractor shall report to the COR on (a) status of the Contract, (b) changes in Schedule, (c) accidents and safety issues, (d) disruptions to the property accessibility; and all other important information pertaining to the Contract tasks.

17.

The Contractor shall provide a representative on-site during all working hours with the authority to make all decisions on behalf of the Contractor and subcontractors.

18. Site Security:

The contractor shall comply with U.S Consulate General Karachi security policy directives.

During work on exterior side/Roadside safety for incoming traffic to be fully ensured by the contractor by providing additional person to assist the incoming traffic flow while safety cones/Safety signages will be required to be placed on roadside as precautionary measure for incoming traffic

19. Coordination meetings:

The Contractors shall be keeping track record of his staff performance by his supervisor monitoring and visiting the site present on site.

representative as and when required during work execution stages.

20. Work execution:

The Contractor's employees shall wear clean, neat, and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR). The Contractor shall provide, to each employee and supervisor, uniforms, and personal equipment.

The Contractor shall be responsible for the cost of purchasing, cleaning, and repair of the uniforms.

Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.

The performance standard is that the Government receives no more than Three (1) customer complaint per phase. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action if any of the services exceed the standard. The COR shall, as a minimum, issue a written complaint notification the Contractor of any valid complaints.

Repeatedly customer complaints are not permitted for any services. If a repeated customer complaint is received for the same deficiency during the services period, the COR will contact the CO for appropriate action under the Inspection clause.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold

Services.

Performs all services set forth in the scope of work.

Thru Para 3

All required services are performed and no more than one (3) customer complaint is received.

SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

STANDARD. The performance standard is that the Government receives no more than three (3) customer complaint. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

End Of Document

SECTION C - PACKAGING AND MARKING

RESERVED

SECTION D - INSPECTION AND ACCEPTANCE

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUL 2013)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-26 REPORTING NONFORMING ITEMS (JUN 2020)

The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

D.1 QUALITY ASSURANCE

The Contractor shall correct and improve promptly any shortcomings and substandard conditions noted during inspections. The Contractor shall bring any conditions beyond the responsibility of the Contractor to the attention of the Contracting Officer or COR.

D.2 SUBSTANTIAL COMPLETION

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

(1) do not interfere with the intended occupancy or utilization of the work, and

(2) can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

Use and Possession upon Substantial Completion - The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion. The certificate will be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed, or corrected before final completion and acceptance.

Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

D.3 FINAL COMPLETION AND ACCEPTANCE

D.3.1 "Final completion and acceptance" means the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

D.3.2 The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

D.3.3 FINAL INSPECTION AND TESTS. The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

D.3.4 FINAL ACCEPTANCE. If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

Satisfactory completion of all required tests, A final inspection that all items by the Contracting Officer listed in the Schedule of Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

SECTION E - DELIVERIES AND PERFORMANCE

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE

52.242-14 SUSPENSION OF WORK (APR 1984)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract within Ten (10) calendar days after the date the Contractor receives the notice to proceed.

(b) Prosecute the work diligently, and,

(c) Complete the entire work ready for use not later than 60 Working days for the entire project after issuance of Notice to Proceed.

(d) Period of performance is 60 working days (Monday to Friday) to complete project from the date noted in the notice to proceed (NTP). Although the NTP may be issued soon after contract award, but we anticipate commencing performance in 15-20 Days after contract award.

The time stated for completion shall include final cleanup of the premises and completion of punch list items.

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of PKR 10,000.00 for each calendar day of delay until the work is completed or accepted.

continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Default clause.

CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission

Five (05 calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the contract will be submitted for approval.

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors used by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language and any system of dimensions (English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. The Contractor shall identify each deliverable as required by the contract.

(e) Acceptance of Schedule: When the Government has accepted any time schedule; it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not:

(1) Extend the completion date or obligate the Government to do so,

(2) Constitute acceptance or approval of any delay, or

(3) Excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give such notice promptly, not more than ten (10) days after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may make revisions to the approved time schedule.

NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time period established in the contract.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of any bonds or evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

WORKING HOURS

All work shall be performed during 0800 16.30, from Monday through Friday. The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours, initiated by the Contractor, will not be a cause for a price increase.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249- 10, Default. Examples of such cases include:

(l) acts of God or of the public enemy,

(2) acts of the United States Government in either its sovereign or contractual capacity,

(3) acts of the government of the host country in its sovereign capacity,

(4) acts of another contractor in the performance of a contract with the Government,

(5) fires,

(6) floods,

(7) epidemics,

(8) quarantine restrictions,

(9) strikes, (l0) freight embargoes,

(11) delays in delivery of Government furnished equipment, and

(12) unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform. Furthermore, the failure:

(1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against,

(2) cannot be overcome by reasonable efforts to reschedule the work, and

(3) directly and materially affects the date of final completion of the project

PRECONSTRUCTION CONFERENCE

A preconstruction conference may be held 10 days after contract award at U.S. Consulate General Karachi to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that effect construction progress. See FAR 52.236-26, Preconstruction Conference.

DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Deliver Date Deliver To

Section B. Technical Spec sheet as requested under SOW, Work Execution Plan & BoQ 1

Along with Bid submission CO

Section G. Securities/Insurance 10 days after award CO Section E. Work Schedule 1 10 days after award COR Section E. Pre-Work Conference 1 10 days after award COR Section G. Personnel Biographies 1 10 days after award COR

Section F. Payment Request 1 Last calendar day of each month COR

Section D. Request for Substantial Completion 1 N/A COR

Section D. Request for Final Acceptance 1 5 days before inspection COR

Section B. Construction Accident Prevention Plan (CAPP) 1

10 days after award

COR

Section B. Material manufacturer's product data sheets and Material Safety Data Sheets

(MSDS),

10 days after award

COR

Section E. Notice of Delay 1 Within 07 days after event CO

Section E. Additional Hours 1

No later than 48 hours in advance of need COR

Section G. Evidence of Insurance 1 10 days after award CO

Differing Site Condition 1 Within 10 days of occurrence CO

F. ADMINISTRATIVE DATA

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each

COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is Facilities Maintenance Supervisor, U.S. Consulate General, Karachi.

PAYMENT: The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following elaborates on the information contained in that clause.

Requests for payment, may be made no more frequently than monthly. Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

EVALUATION BY THE CONTRACTING OFFICER

After receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount, which is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

Under the authority of 52.232-27(a), the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

Financial Management Officer, U.S Consulate General, Karachi Invoices can also be sent through email at:

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